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(영문) 인천지방법원 2014.09.17 2014고단3512
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on April 7, 2012, the Defendant: (a) seeed the victim E (the 42 years of age) who was a member of Yeonsu-gu Incheon and 116, while drinking alcohol together with the victim E (the ice E) at the Yeonsu-gu Incheon c and 116, and (b) took the part of the victim’s face by drinking the victim’s arms. From the victim who intends to flusing it, the Defendant flusiumed the victim’s face on one occasion of drinking, and the victim flusium was broken the victim’s left hand, the flusium was 4 weeks of the victim’s left hand, the victim’s flusium and the flusium flusium necessary for treatment of approximately 4 weeks of the flusium flusium and the victim to flusium flusium.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the mitigated area (one year and six months to two years), the mitigated area (one year and six months to six months), the penal penalty (including serious effort to recover damage), or considerable damage is recovered in accordance with the sentencing guidelines;

2. The sentence of suspended execution shall be imposed in consideration of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., as well as the fact that the Defendant has led to the confession and reflect of the instant crime, and deposited three million won for the recovery of damage to the victim.

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